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Stay of execution over coronavirus overturned, first federal death penalty since 2003 to happen Monday

Added 07-13-20 12:13:03am EST - “An appeals court on Sunday overturned a lower court's stay of execution requested on coronavirus grounds, paving the way for the first federal death sentence administered since 2003.” - Nydailynews.com

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Posted By TheNewsCommenter: From Nydailynews.com: “Stay of execution over coronavirus overturned, first federal death penalty since 2003 to happen Monday”. Below is an excerpt from the article.

An appeals court on Sunday overturned a lower court’s stay of execution requested on coronavirus grounds, paving the way for the first federal death sentence administered since 2003.

Daniel Lewis Lee, 47, is scheduled to die by lethal injection in Indiana on Monday, in the first federal execution in 17 years.

The execution had been halted on Friday by Chief District Judge Jane Magnus-Stinson, who ruled in favor of the victims’ family members, who want to be present but are afraid to travel thousands of miles in a pandemic.

The U.S. Department of Justice appealed the ruling and, on Sunday evening, the 7th Circuit Court of Appeals overturned it.

In appealing the stay, the Justice Department held that Stinson’s order misconstrued the law, according to the Associated Press. The appeals court in its ruling said the family does not necessarily have the right to be present at the execution, and given that, their claim “lacks any arguable legal basis and is therefore frivolous.”

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